Taylor v. Fine, No. 15437.

CourtUnited States District Courts. 9th Circuit. United States District Court (Southern District of California)
Citation115 F. Supp. 68
Docket NumberNo. 15437.
PartiesTAYLOR v. FINE et al.
Decision Date21 July 1953

115 F. Supp. 68

TAYLOR
v.
FINE et al.

No. 15437.

United States District Court, S. D. California, Central Division.

July 21, 1953.


115 F. Supp. 69

William M. Taylor, in pro. per.

Walter S. Binns, U. S. Atty., Clyde C. Downing and Robert K. Grean, Asst. U. S. Attys., Los Angeles, Cal., for defendants.

YANKWICH, Chief Judge.

Defendants are agents of the Immigration Service of the United States. In the course of their duties, on March 19th, March 28th, and April 7th, 1953, they approached the plaintiff's ranch in Riverside County, California, called to some Mexican laborers who were working there and asked them if they were legally in the United States. When they admitted that they were not, the officers took them into custody.

The plaintiff brought an action in a lower State court seeking damages in the sum of $200 for alleged trespass. On the application of the Government, the cause was removed to this court.

The Complaint alleged various acts of violence against the plaintiff, damage to

115 F. Supp. 70
his growing crops and even "kidnapping" of an employee

After hearing the evidence, I am satisfied that no trespass was committed, no force was used, no damage inflicted on person or property, and that there was not even a "theoretical" trespass on any of the three occasions mentioned in the Complaint. See, Bell v. Hood, 1946, 327 U.S. 678, 66 S.Ct. 773, 90 L.Ed. 939.

An immigration officer of the United States has the right to arrest a person without a warrant if he has reasonable grounds to believe that a felony has been committed, 18 U.S.C.A. §§ 3052-3053; 8 U.S.C.A. § 1357(a) (2).1 Even in the absence of a special grant of such right, officers of the United States have the same rights as police officers of the State in which they are located. United States v. Di Re, 1947, 332 U.S. 581, 66 S.Ct. 222, 92 L.Ed. 210.

Under the law of California, a police officer has the right to make an arrest without a warrant, if he has reasonable ground to believe that a felony has been committed. California Penal Code, Sec. 836, subd. 3.2 The regulations of the Department of Immigration interpret the right of immigration officers in like manner and specifically provide:

"III (2) Arrest without warrant.

"Arrest without warrant of an alien who (1) is in the United States in violation of the immigration laws and (2) is likely to escape before a warrant for his arrest can be obtained is authorized by statute." (See Bulletin entitled, "Authority of Officers of the Immigration and Naturalization Service to Make Arrests," issued November 15, 1951).

The determination of the officer that the person is likely to escape will be sustained if there is a reasonable ground for it.3

An immigration officer has the right to inquire into the privilege of an alien or a person believed or suspected to be one, to enter, reenter, pass through or reside in the United States. 8 U.S. C.A. § 1225(a). He may also interrogate him. 8 U.S.C.A. § 1357(a) (1). An alien illegally in the United States may be guilty of a felony. 8 U.S.C.A. §§ 1325-1326.

The evidence satisfies me that the area in which the arrests were made is one in which many Mexican Nationals who are illegally in this country ("wet-backs" as they are called) are employed. Indeed, the testimony in the record shows that over a period of six months preceding the particular arrests, hundreds of illegal entrants were apprehended on the ranches in the vicinity of the Coachella district. Such condition denotes persistent law violations which constitute probable cause for action. Certainly, with this situation confronting them, it would be unreasonable to require immigration officers, under penalty of civil damages, to arm themselves with a warrant of arrest each

115 F. Supp. 71
time they look for illegal entrants in an area noted for their presence. Such requirement would play into the hands of those who, like the plaintiff, employ illegal entrants, safe in the knowledge that the law does not punish them, but only the illegal entrants.4

There is no evidence that anybody was molested or that "any hand was put upon any person". On every one of the three occasions, the evidence...

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12 practice notes
  • Walker v. United States, No. 15433.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 3, 1955
    ...on land within the prohibition of the Fourth Amendment was picturesquely stated by Judge Yankwich in Taylor v. Fine, D.C.S.D.Cal., 115 F. Supp. 68, 71: "If it were possible to submit officers of the United States Immigration Service to harassment every time they search for illegal entrants,......
  • Marquez v. Kiley, No. 73 Civ. 1078.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 24, 1977
    ...Cir. 1974); LaFranca v. INS, 413 F.2d 686, 689 (2d Cir. 1969); Hon Keung Kung v. INS, 356 F.Supp. 571, 576 (E.D.Mo.1973); Taylor v. Fine, 115 F.Supp. 68, 70 (S.D.Cal. Judged by this standard we cannot say that Weiss and Carroll erred in arresting Mr. Marquez. The testimony at trial establis......
  • People v. Acosta, Cr. 1050
    • United States
    • California Court of Appeals
    • May 31, 1956
    ...articles which they believed were being used by him in the commission of the crime for which he was arrested. In Taylor v. Fine, D.C., 115 F.Supp. 68, 70, footnote 1, it was said: 'Incidental to a legal arrest whether with or without a warrant, the officers may conduct a reasonable incident......
  • United States v. Shafer, Civ. No. 8218.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • June 17, 1955
    ...585, Id., 6 Cir., 132 F. Supp. 665 2 F.2d 241, certiorari denied 266 U.S. 622, 45 S.Ct. 100, 69 L.Ed. 473; Taylor v. Fine, D.C.S.D.Cal., 115 F.Supp. 68. Defendants attempt to distinguish the cases cited on the ground that those cases dealt with activities which have been regulated under the......
  • Request a trial to view additional results
12 cases
  • Walker v. United States, No. 15433.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 3, 1955
    ...on land within the prohibition of the Fourth Amendment was picturesquely stated by Judge Yankwich in Taylor v. Fine, D.C.S.D.Cal., 115 F. Supp. 68, 71: "If it were possible to submit officers of the United States Immigration Service to harassment every time they search for illegal entrants,......
  • Marquez v. Kiley, No. 73 Civ. 1078.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 24, 1977
    ...Cir. 1974); LaFranca v. INS, 413 F.2d 686, 689 (2d Cir. 1969); Hon Keung Kung v. INS, 356 F.Supp. 571, 576 (E.D.Mo.1973); Taylor v. Fine, 115 F.Supp. 68, 70 (S.D.Cal. Judged by this standard we cannot say that Weiss and Carroll erred in arresting Mr. Marquez. The testimony at trial establis......
  • People v. Acosta, Cr. 1050
    • United States
    • California Court of Appeals
    • May 31, 1956
    ...articles which they believed were being used by him in the commission of the crime for which he was arrested. In Taylor v. Fine, D.C., 115 F.Supp. 68, 70, footnote 1, it was said: 'Incidental to a legal arrest whether with or without a warrant, the officers may conduct a reasonable incident......
  • United States v. Shafer, Civ. No. 8218.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • June 17, 1955
    ...585, Id., 6 Cir., 132 F. Supp. 665 2 F.2d 241, certiorari denied 266 U.S. 622, 45 S.Ct. 100, 69 L.Ed. 473; Taylor v. Fine, D.C.S.D.Cal., 115 F.Supp. 68. Defendants attempt to distinguish the cases cited on the ground that those cases dealt with activities which have been regulated under the......
  • Request a trial to view additional results

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